covid-19 recommended precautionary measures - resuming
TRANSCRIPT
COVID-19: RECOMMENDED PREVENTATIVE
MEASURES
RESUMING COURT OPERATIONS
March 4, 2021
Authored By:
Ministry of the Attorney General Recovery Secretariat
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CONTENTS
CONTEXT ................................................................................................................................................................................ 6
Provincial Guidance and Medical Direction ............................................................................................. 6
Accessibility for People with Disabilities .................................................................................................... 7
Courthouse Accessibility Coordinators .................................................................................................. 8
Risk Identification ......................................................................................................................................................... 8
Risk Mitigation ................................................................................................................................................................. 9
The Hierarchy of Controls ................................................................................................................................ 9
I. PREPARING THE COURT ENVIRONMENT ........................................................................................ 12
Preparing the Workforce ..................................................................................................................................... 12
Role of Joint Health and Safety Committees (JHSC) during Recovery............................. 12
Physical Distancing ................................................................................................................................................... 12
Facility and Room Capacity ............................................................................................................................... 13
Plexiglass Barriers ..................................................................................................................................................... 14
Hand Sanitizer ............................................................................................................................................................... 15
Definition ..................................................................................................................................................................... 15
Daily Enhanced Cleaning ..................................................................................................................................... 16
Enhanced Cleaning of Courtrooms .............................................................................................................. 16
Enhanced Cleaning of Holding Cells .......................................................................................................... 17
Cleaning of Workspaces ...................................................................................................................................... 17
Cleaning Products ..................................................................................................................................................... 17
Definition ..................................................................................................................................................................... 17
Source Control Face Coverings ...................................................................................................................... 18
Justice Sector Partners and Members of the Public ................................................................. 18
Court Personnel ..................................................................................................................................................... 21
Personal Protective Equipment (PPE) ....................................................................................................... 23
Definitions .................................................................................................................................................................. 23
PPE Training ............................................................................................................................................................. 24
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Public Washrooms ................................................................................................................................................... 24
Elevators .......................................................................................................................................................................... 25
Food Service Areas/Lunchrooms ................................................................................................................ 25
Ventilation – General .............................................................................................................................................. 25
HVAC - Maintenance .............................................................................................................................................. 26
Monitoring and Reporting of HVAC Data ................................................................................................ 26
Monitoring of Adherence .................................................................................................................................... 26
Front Entrance ....................................................................................................................................................... 27
Hallways ..................................................................................................................................................................... 27
Courtrooms .............................................................................................................................................................. 27
II. ATTENDANCE TO THE COURTHOUSE .............................................................................................. 28
Public Communication .......................................................................................................................................... 28
Entrance Protocol – Justice Sector Partners and Members of the Public .................... 28
Entrance Signage and Markers ................................................................................................................. 28
Active Screening for COVID-19 - Justice Sector Partners and Members of the
Public ............................................................................................................................................................................ 28
Collection of Contact Information .......................................................................................................... 30
COVID Alert Application ................................................................................................................................ 30
Entering the Courthouse ................................................................................................................................. 31
Security Screening............................................................................................................................................... 31
Entrance Protocol - Court Personnel and Judiciary ........................................................................ 31
Active Screening for COVID-19 – Court Personnel and Judiciary .................................. 32
Active Screening for COVID-19 – Contracted Personnel / Service Providers ...... 33
III. PUBLIC SERVICE COUNTERS .................................................................................................................... 34
Preventative Measures ......................................................................................................................................... 34
Hours of Operation................................................................................................................................................... 34
Receiving Payments ............................................................................................................................................... 34
Receiving Documents ........................................................................................................................................... 34
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IV. IN THE COURTROOM ....................................................................................................................................... 35
Courtroom Reconfiguration .............................................................................................................................. 35
Movement of Documents and Exhibits .................................................................................................... 35
Movement of In-Custody Accused ............................................................................................................. 35
Public and Media Access to Court Proceedings ............................................................................... 36
Courtroom Cleaning ............................................................................................................................................... 36
Jury Events ..................................................................................................................................................................... 37
Jury Management Manual ............................................................................................................................ 37
Temporary Off-site Venues to Support Jury Proceedings .................................................. 37
V. ADMINISTRATIVE AREAS .............................................................................................................................. 39
VI. COMMUNICATION OF PROBABLE OR CONFIRMED COVID-19 CASES .................... 40
Where an Individual becomes Symptomatic at the Courthouse ......................................... 40
Justice Sector Partners and Members of the Public ................................................................ 40
Court Personnel or Judiciary ....................................................................................................................... 40
Probable/Confirmed Positive COVID-19 Case Intake Process .............................................. 40
Preliminary Workplace Exposure Risk Assessment .................................................................. 41
Communication of Probable or Confirmed COVID-19 Case ................................................ 41
Holding Court-based Emergency Management Team/Building Emergency
Management Team Meeting ...................................................................................................................... 42
APPENDIX A – MOVEMENT OF IN-CUSTODY ACCUSED .............................................................. 44
Correctional Services – Ministry of the Solicitor General ........................................................... 44
Actions taken within Correctional facilities to stop transmission of COVID-19
virus ................................................................................................................................................................................ 45
Healthcare policies and procedures ..................................................................................................... 45
Medical Care: .......................................................................................................................................................... 46
Process for In-Person Court Appearances ....................................................................................... 46
Youth Justice - Ministry of Children, Community and Social Services ............................ 48
Actions Taken within Ministry-operated Youth Justice custody/detention
facilities to stop transmission of COVID-19 ...................................................................................... 50
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Process for In-Person Court Appearances ....................................................................................... 52
Actions Taken within Transfer Payment Recipient (TPR) Youth Justice
custody/detention facilities to stop transmission of COVID-19 ....................................... 53
Police Services ............................................................................................................................................................ 56
Police Transportation of In Custody Accused persons to and from Courthouses
........................................................................................................................................................................................... 56
Transportation of Persons in Custody .................................................................................................. 56
Ministry of the Attorney General ................................................................................................................... 59
COVID-19 Courthouse Risk Assessment and Preventative Measures ........................ 59
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CONTEXT
During the COVID-19 outbreak, the Ministry of the Attorney General (MAG) has
responded swiftly to establish innovative ways of delivering justice remotely and
online, which has ensured that matters continue to be heard safely. As the judiciary
have resumed scheduling proceedings requiring in-person appearance, the health
and safety of all court participants has been the ministry’s top priority – this includes
ensuring all court participants understand and have confidence in the measures put
in place to protect them.
To support the recovery of court operations, the ministry has created this
guidebook, sharing the steps that have been taken to:
• Prepare courthouses to resume in-person appearances
• Mitigate the risk of COVID-19 transmission in courthouses
• Ensure access to justice and accessible services
This guidebook addresses preventative measures specific to courthouses. It does
not address aspects of workforce planning or business processes that may also be
modified to further mitigate risk.
The recovery of court operations has been phased and continues to occur in
alignment with the broader provincial recovery framework and direction provided
by Public Health Ontario and the Chief Medical Officer of Health for Ontario.
Reducing the need for in-person attendance to the courthouse continues to be the
most effective method of mitigating the risk of transmission of COVID-19. Remote
work, the prioritizing of online services, and the modernization of courts will
continue to be a key focus during recovery.
MAG continues to work with judiciary, justice sector and facility partners to
implement the content of this guidebook for their shared sites across the province.
Provincial Guidance and Medical Direction
The recovery of courthouses has been informed by the most up-to-date guidance
from our leading provincial health and safety authorities and continues to evolve.
To inform recovery planning, MAG engaged:
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• Dr. Michelle Murti – Public Health Ontario physician specializing in communicable
diseases and emergency preparedness and response. Dr. Murti has supported
the ministry by providing scientific and technical advice, from a public health
perspective, to apply the Chief Medical Officer of Health’s direction in a
courthouse environment.
• Dr. Daniel Warshafsky - Senior Medical Consultant from the Office of the Chief
Medical Officer of Health. Dr. Warshafsky has provided the ministry with ongoing
advice and guidance around our operations and preventative measures in
courthouses as the pandemic has continued to evolve.
• Mr. Ron Kelusky – Chief Prevention Officer for Ontario from the Ministry of
Labour, Training and Skills Development (MLTSD), which is the ministry
responsible for the oversight of the Occupational Health and Safety Act (OHSA).
Mr. Kelusky has supported the ministry by ensuring that the appropriate
preventative measures are in place to support health and safety in the
workplace.
The ministry also continues to rely on guidance and direction regarding the
response to and recovery from COVID-19 provided by the Ministry of Health and the
Ministry of Labour, Training and Skills Development (MLTSD).
Accessibility for People with Disabilities
In planning for recovery, MAG has worked with the ministry Diversity, Inclusion and
Accessibility Office (DIAO) to ensure that accessibility measures are considered, and
the needs of people with disabilities are accommodated throughout recovery.
The ministry maintains its strong commitment to accessibility. Consideration has
been given to ensuring that recovery efforts do not introduce barriers and
acknowledges inequities to access, particularly for vulnerable court users. Anyone
with a disability who wants to access court services – including a litigant, witness,
potential juror or spectator – can request reasonable disability-related
accommodations. Accommodation is provided in a way that respects the dignity of
the person and is available for all services provided to court users, including those
provided remotely, virtually, or in-person.
In late 2020, the ministry, in collaboration with Infrastructure Ontario engaged the
external consultant firm Gensler to conduct a review of preventative measures in
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courthouses to ensure that new barriers to accessibility have not been created. The
findings of the review were positive, indicating that the ministry has remained
committed to accessibility and new barriers have not been introduced as a result of
preventative measures. The consultant, Gensler, made recommendations for
improvements in some areas, including ensuring temporary signage consistently
adheres to accessibility best practices, and providing staff with measurements to
ensure any future reconfigurations of furniture maintain adequate paths of travel for
clear passage.
Courthouse Accessibility Coordinators Each courthouse has an on-site Accessibility Coordinator who will work with clients
to find the most appropriate accommodations. Accessibility Coordinators are
supported by the MAG DIAO.
Judicial officials have authority over court proceedings and what happens in a
courtroom. If an accommodation is required for a court proceeding or to participate
in jury duty, a judicial official will usually be informed of the request for
accommodation and may need to approve it. Some accommodations take time to
put in place - clients are asked to contact their respective Accessibility Coordinator
well in advance of their attendance.
Contact information for each Accessibility Coordinator is available on the Court
Address webpage.
Risk Identification
MAG is responsible for 74 base courts consisting of 682 courtrooms. The
implementation of the measures within this guidebook have taken into
consideration many factors at each site that could affect the ability to resume in-
person hearings.
To ensure compliance with obligations under the Occupational Health & Safety Act
(OHSA), MAG engaged the Public Services Health and Safety Association (PSHSA) to
provide support as court operations resumed. PSHSA is funded by MLTSD and
works with Ontario's public and broader public sector employers and workers.
PSHSA provides training, consulting and resources to reduce workplace risks and
prevent occupational injuries and illnesses.
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Potential risks in public areas and courtrooms were identified through a risk
assessment completed at each court location coordinated by the PSHSA with the
assistance of local managers. The results of these risk assessments have been
shared with the local joint health and safety committees (JHSC) and justice sector
partners.
As part of the risk assessment process, “journey mapping” has occurred for the path
through the court environment from the perspective of both court users and court
personnel. To support planning for recovery, journey mapping has been undertaken
at a ministry level, however it has also been carried out through a coordinated
process at local sites. This process provided an opportunity to identify risks and
mitigation measures from a variety of perspectives.
Risk Mitigation
Public Health Ontario (PHO) and MLTSD recommend employing a hierarchy of
control measures to effectively mitigate risks identified through the risk assessment
process. This approach reflects the requirements of applicable provincial
occupational health and safety legislation and has been used in addressing any
issues identified in MAG facilities.
The Hierarchy of Controls The principle of the hierarchy of controls has been used to identify opportunities to
mitigate risk. The most effective control is elimination (on the left of the diagram
below), which is when the hazard has been addressed before it reaches the worker.
Towards the right of the diagram, the controls become less effective in eliminating
or removing the hazard before it reaches the workers. Personal protective
equipment (PPE) is considered the least effective control.
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Elimination of the hazard is the first control measure to be considered.
Consequently, in the context of the COVID-19 pandemic, remote work and
virtual/online service are the foundation for any risk mitigation strategy.
The ministry has introduced additional measures, including engineering and
administrative controls, and PPE where remote work, virtual/online service and/or
physical distancing are not possible.
The table below explains the hierarchy of controls in more detail and, where
applicable, provides examples of how they apply to COVID-19.
Type of control Description and Example
Remove the hazard.
- Working from home
- Virtual/online services
Substitute hazardous substance for a less hazardous one.
-Not applicable to COVID-19
Isolate emission source. Use of barriers.
- Number of air changes per hour in a room
- Type of filter on the heating ventilation and air
conditioning (HVAC) system
Work procedures and processes such as: process
changes, procedures and practices, change to tools used.
- Hand hygiene program
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- Position of furniture to maintain distance
- Source control face coverings
Administrative actions including but not limited to:
training, compliance enforcement, hours of operation,
signage, capacity for room/building, active screening.
PPE selected to address the route of entry for the hazard.
In the case of COVID-19 protection for the nose, eyes and
mouth against droplet transmission.
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I. PREPARING THE COURT ENVIRONMENT
Preparing the Workforce
MAG has ensured that clear and ongoing information has been made available to all
staff and justice sector participants, in advance of courthouses resuming in-person
operations. The ministry held multiple townhall events and COVID-19 information
sessions, to provide opportunities to learn about recovery efforts and ask questions
of MAG senior recovery leaders and health and safety advisors. Staff, justice sector
participants and stakeholders broadly have continued to be kept informed about the
ministry’s recovery efforts and decision making.
Information is shared directly from the Recovery Secretariat, on Ontario.ca broadly
to the public, and internally to staff and managers on the ministry’s dedicated
recovery intranet page (note: this is an internal webpage to support employees).
Role of Joint Health and Safety Committees (JHSC) during
Recovery
The role of the JHSC at courthouses has remained consistent throughout the
response to and recovery from the COVID-19 pandemic. JHSC representatives
participated in the risk assessment process and were provided with a copy of the
resulting report along with other key recovery documents.
Resources to support JHSC representatives can be found at the following links:
Guide for health and safety committees and representatives
Maintaining an Effective JHSC During Emergency Situations COVID 19 Fact Sheet
Physical Distancing
MAG facilities differ from location to location. Measures to maintain physical
distancing introduced at one site may not be possible at other sites.
The measures listed below have been introduced wherever possible:
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• Remote work and online services will continue to be relied upon to reduce the
number of people in the courthouse.
• Layouts for common areas, courtrooms, public counters, and administrative
areas have been adjusted where possible, to support the maintenance of
physical distancing.
• Measures supporting physical distancing include:
o Signage requesting individuals maintain physical distancing of two metres
o Physical distancing floor decals/queuing markers spaced every two metres
in queuing and waiting areas
o Where feasible, the public will be directed away from office areas and judicial
chambers
o Administrative procedures to manage flow of individuals where necessary
(e.g., one-way hallways/stairways)
o Signage and visual markers to aid in physical distancing of seating in
courtrooms, waiting areas and any other rooms
o Where reasonable and possible, removing or “taping off” seating to maintain
physical distancing
o Signage and markers to aid in distancing of workstations in administrative
areas
• Within the courtroom:
o Physical distancing will be maintained in keeping with the approach to
maintaining general courtroom decorum.
o At the close of the hearing, court attendees will be asked by court staff to exit
the courtroom in a manner that respects physical distancing and avoids
overlap with those entering for the next session.
• Where physical distancing is not possible, other control measures have been
introduced, such as engineering controls and the use of PPE, as recommended
through the risk assessment.
• Accessibility Coordinators are available to assist court users in maintaining
physical distancing by providing wayfinding and navigation assistance as
needed.
Facility and Room Capacity
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• Maximum occupancy levels have been identified for courthouses and
rooms/courtrooms within the courthouse to support physical distancing
measures.
o The courthouse maximum capacity is indicated at the front entrance.
o The room/courtroom maximum capacity is clearly indicated near the room
entry. Where possible, seating in excess of the room capacity has been taped
off or removed.
• The courthouse and courtroom occupancy are monitored by designated
individuals.
• If the courthouse or courtroom capacity is exceeded:
o Courthouse: No additional people will be permitted into the courthouse. If a
person in the queue indicates that they are going to miss a scheduled court
time, information will be gathered from that individual and provided to the
court administration office for sharing with the appropriate parties.
o Courtroom: Those remaining in the hallway will be told that no additional
people will be permitted into the courtroom and they may continue to wait
provided that physical distancing can be maintained. Note: the admittance of
participants in scheduled proceedings will be prioritized over members of
public. Counsel may be asked to assist in identifying people who need to be
in the courtroom.
• Note: At times, the number of individuals wishing to attend a proceeding may
exceed the capacity of the courtroom. Individuals who are attending the
courthouse with a support person should advise the courthouse to ensure both
persons are included in anticipated attendees.
o Disability-related needs should contact the courthouse Accessibility
Coordinator
o Victims and witnesses should advise the Victim, Witness Service Worker
Plexiglass Barriers
• Plexiglass barriers have been installed to serve as an engineering control where
physical distancing of two metres is not possible.
• Installation of barriers has ensured the maintenance of accessibility, security and
safety of persons, and the normal operation of proceedings.
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• The precise placement of plexiglass was dependent on the configuration of the
courthouse and courtrooms. However, common areas for placement may have
included:
o Public counters
o Along the front and sides of the judicial dais and bench
o Along the front and sides of in-court personnel workstations
o Along the front and sides of the tables for defense and Crown attorneys
o In front of the witness stand
o Interview rooms
o Intake offices
• After installation of plexiglass was completed, an assessment of audio systems
was undertaken, and adjustments were made to address accessibility and
quality of recording.
Hand Sanitizer
Definition
A liquid, gel, or foam used to decrease infectious agents on the hands. It must be
approved for use in Canada by Health Canada.
• While frequent handwashing is the recommended course of action to reduce the
likelihood of personal infection and transmission, there are circumstances where
frequent handwashing may not be possible. In those circumstances, hand
sanitizer should be used.
• Hand sanitizer is available throughout the courthouse for use by justice sector
stakeholders and members of the public and has been provided directly to
judiciary and court personnel.
• Members of the public are required to use hand sanitizer upon:
o Entering the courthouse;
o Entering the courtroom;
o Entering the witness box
• Exceptions will be made for those people who indicate they are unable to use
hand sanitizer.
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• Hand sanitizer stations have been clearly marked, and all court personnel and
users are to use hand sanitizer if hand washing is unavailable.
• The refilling of fixed hand sanitizer dispensers is the responsibility of local
facilities maintenance, wherever possible. If this is not possible, alternative
solutions will be determined.
Daily Enhanced Cleaning
• Daily enhanced cleaning is being performed up to three times per day at
courthouses in response to the high degree of public-facing interaction.
• Infrastructure Ontario (IO), through its service providers, coordinates the daily
enhanced cleaning of all high-contact areas where warranted.
• Along with the daily enhanced cleaning, additional one-time enhanced cleaning
can be directed by the ministry in response to any occurrences of COVID-19
cases in a specific location.
• Enhanced cleaning involves cleaning with Health-Canada approved disinfectant
cleaners.
• Examples of high-touch surfaces include:
o light switches/power outlets
o telephones
o handrails
o entrance areas
o glass doors, doors and door
frames
o paper towel/ hand dryers
o toilet paper dispensers / toilet
seats
o doorknobs, door handles, door
plates
o benches
o sinks, faucets, water coolers
o counter tops
o public service counters
o elevators, elevator lobby
o public corridor
o public washrooms
o public waiting areas
o braille and other high touch
signage
o automatic door opener
activators
Enhanced Cleaning of Courtrooms
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• Enhanced cleaning is being done in courtrooms between proceedings by
cleaning crews hired by CBRE for government-owned locations and by landlord
cleaning crews for leased locations.
• Court staff can engage cleaners by instant message (text/email), when a court
proceeding has been completed.
• Cleaning of courtrooms includes cleaning of counsel tables, and the witness and
prisoner boxes, microphones, between court proceedings or when there may be
a change of counsel, witness or prisoner.
Enhanced Cleaning of Holding Cells
• Cleaning of holding cells (and prisoner transport elevator) is included in the daily
enhanced cleaning protocols led by IO.
• Holding cells are being cleaned multiple times per day and between prisoners
by a day porter service.
Cleaning of Workspaces
• In keeping with the Clean Workspace Guidelines provided by Treasury Board
Secretariat (TBS), MAG staff are to clean their individual workspaces both in
program areas and the courtroom including work surfaces, chair arms, and
computer peripherals (such as mouse and keyboard) before and after use, as
well as photocopiers/printers and hard file systems before and after each use.
Cleaning Products
Definition A cleaning agent designed to kill bacteria, fungi and viruses on hard surfaces within
ten minutes of application or less. It must be approved for use in Canada by Health
Canada.
• The use of cleaning products constitutes an administrative control measure that
is in place to mitigate risk in court environments.
• Enhanced cleaning protocols are currently in place for high-contact surfaces and
other identified locations within the workplace.
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• Disinfectant cleaner is provided to staff to disinfect personal workstations and
other hard surface items where enhanced cleaning is not occurring/not possible.
• Shared equipment should be disinfected before and after each use.
• As noted above, these products are available in:
o Office areas and courtrooms for use by staff for cleaning of workspaces (in
programs areas and the courtroom) and shared or common touchpoints (filing
systems, photocopiers, etc.).
Source Control Face Coverings
A source control face covering reduces the risk of COVID-19 transmission to others. It is not intended to provide protection to the wearer.
To be an effective administrative measure, source control face coverings must be worn by all individuals in an area. If any individual is not able to wear a source control face covering (i.e. due to an accommodation) and there is a possibility of staff members being within 6 feet (2 meters) of that person with no other control measure in place, then PPE must be worn by staff members in the area.
Justice Sector Partners and Members of the Public • All members of the public are required to wear a MAG provided 3-layer source
control face covering when attending a MAG facility.
• Members of the public will be required to exchange their personal source
control face covering for a MAG provided 3-layer source control face covering
that complies with Ministry of Health recommendations upon entry.
Source Control Face Covering Definition
• A barrier designed to fit snugly over the nose, mouth, and chin to prevent the
wearer from spreading infectious droplets to others. It is not classified as PPE. At
a minimum, source control face coverings must comply with Ministry of Health
recommendations.
Exceptions
• Exceptions to the requirement to wear a source control face covering will be
made for the following:
o Children under two years of age.
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o Persons under five years of age, either chronologically or developmentally
(including adults), who cannot be persuaded to wear a source control face
covering by their caregiver.
o Persons who have a medical condition that inhibits their ability to wear a
source control face covering.
o Persons who are unable to put on or remove a source control face covering
without assistance.
o Persons who are receiving an accommodation according to the Accessibility
for Ontarians with Disabilities Act 2005 or the Human Rights Code.
o Person is wearing a visibly higher/safer level of mask (i.e.: an N95 respirator
that does not contain exhalation valves).
Note:
o Delivery persons (i.e.: mail delivery, couriers, suppliers, cash-in-transit
providers, etc.) entering a facility to pick up or drop off packages will be
required to wear a face covering that meets Ministry of Health
recommendations, however will not be required to wear a MAG provided 3-
layer source control face covering.
o Contractors required to wear their employer assigned personal protective
equipment for the performance of their duties will not be required to wear a
MAG provided 3-layer source control face covering, provided that the PPE
issued by their employer meets Ministry of Health recommendation
pertaining to face coverings.
Temporary Removal of Source Control Face Coverings
• Source control face coverings can be temporarily removed in the following
situations:
o When testifying or making submissions in court, if permitted by the Judiciary.
▪ Other measures such as a barrier and/or physical distancing must be
in place and source control face coverings must be put back on
immediately afterwards
o To exchange a personal source control face covering for a MAG provided 3-
layer source control face covering.
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o To exchange a source control face covering for a MAG provided transparent
face covering if needed to receive services (i.e. Sign Language, lip reading,
etc.).
o To consume food or drink.
▪ Consumption of food and drink should be avoided in areas where
physical distancing of at least 2 meters (6 feet) cannot be maintained.
▪ Source control face coverings must be put back on immediately after
food or drink has been consumed.
o As may be necessary for health and safety or to provide/receive medical aid.
Supply
• MAG will provide source control face coverings to all members of the public
attending a MAG facility.
o Garbage bag-lined waste baskets will be made available at entrances to
allow for proper disposal of used source control face coverings by the public.
Source Control Face Covering Screening
• Individuals attending a courthouse will be required to exchange their personal
face covering for a MAG provided 3-layer source control face covering, unless
they meet one of the exceptions noted above.
• Where a person indicates that they have a disability or medical condition, they
will not be asked what the condition is as this is confidential information, nor will
they be required to provide proof. The ministry must accept the person’s
response in good faith and permit the individual to enter the courthouse. They
will be asked to comply with all other precautions (i.e. maintaining physical
distance).
• A courthouse screening exemption card is available to those who have passed
the active screening protocol and have declared an exemption to wearing a
source control face covering. Exempt individuals are free to choose to carry an
exemption notice, however it is not a mandatory document. Those who opt to
carry the exemption notice are encouraged to retain it for the duration of their
time at the courthouse. The exemption notice can be shown to monitors or
officials if they encounter challenges/questions regarding their lack of source
control face covering.
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• Should a member of the public refuse to wear a source control face covering for
a reason that does not fall within the exceptions listed above (i.e. personal
protest, etc.), screening staff will inform the person that a source control face
covering is mandatory while in the courthouse. If a screening officer is not
satisfied that the member of the public is in compliance with the above-listed
exceptions, entry will be denied. If an individual is denied entry they will be
provided with the instructions from the screening process for appropriate next
steps.
• Training on the management of exceptions to wearing a source control face
covering is provided to those conducting entry screenings.
Court Personnel • Staff will be provided with a surgical/procedure face mask as a source control
face covering which must be worn at all times in all locations of a MAG facility.
Surgical/Procedure Face Mask Definition
• A barrier designed to fit snugly over the nose, mouth, and chin to protect the
wearer from exposure to infectious droplets while simultaneously preventing the
wearer from spreading infectious droplets to others.
• It meets American Society for Testing and Materials (ASTM) international testing
standards and is referenced by Public Health Ontario and Health Canada as
appropriate PPE in response to COVID-19.
• Surgical/procedure masks are provided to court personnel as a source control
face covering and as part of PPE where it is required (see PPE section).
Exceptions/Accommodations
• Staff will not be required to wear a source control face covering if they:
o Have a medical condition that inhibits their ability to wear a source control
face covering.
o Are unable to put on or remove a source control face covering without
assistance.
o Are receiving an accommodation according to the Accessibility for
Ontarians with Disabilities Act 2005 or the Human Rights Code.
• If an accommodated staff member is working in the same work area as others
(i.e. open-concept administrative area), and there is a possibility of staff members
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being within 6 feet (2 meters) of that person with no other control measure in
place, then PPE must be worn by staff members in the area.
Temporary Removal of Source Control Face Coverings:
• Source control face coverings can be temporarily removed in the following
situations:
o To exchange a current source control face covering for a new source
control face covering.
o To exchange a source control face covering for a MAG provided
transparent face covering in order to provide services and/or
communicate with an individual who requires the ability to see an
individual’s mouth/facial expressions to communicate (e.g., Sign
Language user, lip reader, etc.).
▪ The source control face covering must be put back on immediately
after the service has been delivered or communication is
completed.
▪ If in good condition, the transparent face covering should be placed
in a bag labelled with the staff member’s name and kept for future
use.
o If the employee is working alone in an enclosed office.
▪ Source control face coverings must be worn when the employee
leaves the enclosed office for any reason, or if another individual
enters the enclosed office.
o To consume food or drink.
▪ Consumption of food and drink should be avoided in areas where
physical distancing of at least 2 meters (6 feet) cannot be
maintained.
▪ Source control face coverings must be put back on immediately
after food or drink has been consumed.
o As may be necessary for health and safety or to provide/receive medical
aid.
Supply
• MAG will provide surgical/procedure face masks as source control face
coverings to all staff working in a MAG facility.
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• Source control face coverings, including transparent face coverings, must be
worn, handled, and disposed of appropriately in alignment with Ministry of
Health direction.
Note: It is recommended that judiciary follow similar practices regarding source control
face coverings, with similar exemptions. Surgical/procedure face masks will be
provided to the judiciary.
Personal Protective Equipment (PPE)
The risk assessment process applies the hierarchy of controls to determine the
appropriate measures to mitigate risks. PPE is intended to be a barrier of last resort.
It is deemed necessary in circumstances where the risk of COVID-19 exposure
cannot be eliminated or sufficiently reduced by other control measures.
PPE protects the health and safety of the employee wearing it and protects other
individuals the employee interacts with. PPE is not a substitute for other important
infection prevention and control practices such as maintaining physical distancing
wherever possible and hand hygiene.
Definitions
Personal Protective Equipment (PPE)
MAG defines PPE as a surgical/procedure face mask (defined above) and eye
protection worn together to protect all mucous membranes.
Eye Protection
A protective barrier designed to be worn over the eyes to protect the wearer from
exposure to infectious droplets. It is referenced by Public Health Ontario and Health
Canada as appropriate PPE in response to COVID-19.
• Where the COVID-19 risk assessment has determined that PPE is required for
staff safety, the wearing of the required PPE will be mandatory.
• If other PPE is required for a position as per an existing ministry or organizational
directive, then that directive’s requirements continue to apply.
• As the first point of contact with individuals entering a courthouse, the entrance
screener will always wear PPE.
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• Except in the case of the courthouse entrance screener, accommodations will be
made for those who cannot safely wear PPE, in accordance with Occupational
Health and Safety regulations.
• If at any time commercial product supply becomes limited or unavailable,
distribution will focus on addressing critical needs first. If PPE is not available for
situations where it has been identified as necessary, alternate work
arrangements will be required in accordance with Occupational Health and
Safety legislation.
• The procurement and distribution of PPE will be arranged by the employer.
PPE Training • PPE can become a source of infection if not worn or discarded properly.
• Completion of PPE training is required when PPE is issued, and covers:
o Safe use
o Care
o Limitations of PPE
o Putting on and taking off PPE
o Proper disposal
• This training is provided by the employer and complies with Occupational Health
and Safety regulations.
Public Washrooms
• The frequency of cleaning of public washrooms has been increased in alignment
with the enhanced cleaning protocol. Enhanced cleaning includes disinfecting of
all high-touch areas.
• Where possible, “last cleaned” signage has been displayed.
• To support physical distancing in public washrooms the following measures are
in place:
o Washroom occupancy limited to one person at a time, with some exceptions (e.g. caretakers, support persons, children, etc.)
o Signage posted indicating:
▪ Maintain physical distancing while waiting to enter and within washrooms
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▪ Practise frequent hand hygiene - wash hands with soap or sanitize hands
Elevators
• Whenever possible, staff and judiciary should use separate elevators from the
public.
• Elevator occupants should have one person press buttons using an implement
(e.g., pen) or covering (e.g. paper towel) rather than directly touching the buttons.
• Public elevators are equipped with:
o Floor decals or markers indicating where to stand to maintain physical distancing
o Signage indicating maximum occupancy
o Signage to maintain physical distancing and practise hand hygiene
Food Service Areas/Lunchrooms
• Employee lunchrooms will follow the corporate guidance provided by Treasury
Board Secretariat for the Gradual Reopening of OPS Workplaces.
• Consumption of food and drink should be avoided in areas where physical
distancing of at least 2 meters (6 feet) cannot be maintained.
• Source control face coverings must be put back on immediately after food or
drink has been consumed.
• Additional information regarding lunch and break areas can be found here.
Ventilation – General
• Our leading provincial health and safety authorities continue to advise that the
primary and critical methods of preventing COVID-19 transmission include
entrance screening, respiratory etiquette, physical distancing, appropriate
masking, and proper hand hygiene.
• Adequate ventilation is an additional consideration that can support COVID-19
risk mitigation, in combination with these primary, critical, measures.
• According to the Chief Medical Officer of Health’s Office, through
implementation of the overlapping preventative measures we have in place in
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our courthouses across Ontario, the reduction in the risk of COVID-19
transmission, inclusive of aerosol transmission, is being achieved.
• For more information about COVID-19 and HVAC systems, please visit the Public
Health Ontario website, or see their FAQ document, which addresses questions
about the role of HVAC systems in transmission of COVID-19.
HVAC - Maintenance
• IO Property Services is responsible for HVAC monitoring and maintenance in
both government owned and leased buildings – including our courthouses.
• All provincially owned and third-party leased buildings are designed and
operated in accordance with the Ontario Building Code, the American Society of
Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) standards and
industry best practices.
• IO Property Services is continuing to monitor emerging return-to-work best
practices related to the operations and maintenance of building systems.
Necessary adjustments will be made in owned buildings, as practical, in
response to updated recommendations from accredited organizations. IO
Property Services is also continuing to work with landlords to maintain shared
awareness and reasonable adoption of best practices.
Monitoring and Reporting of HVAC Data
• In an effort to ensure optimal ventilation within courthouses, IO Property Services
monitors select indoor air quality (IAQ) parameters - CO2, temperature and
relative humidity – which indicate the general performance of air quality and
ventilation in an indoor space.
• CO2 is a proxy indicator of overall ventilation but does not directly correlate with
any risk of transmission of COVID-19.
• These IAQ parameters are used to identify, inform and guide any specific review
and system adjustment measures necessary, wherever such measures are
available or possible.
• Daily IAQ data is provided broadly to judiciary and justice sector partners.
Monitoring of Adherence
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Adherence to preventative measures by all individuals is critical to ensuring
effective prevention of transmission of COVID-19 within our courthouses. To support
adherence, monitoring will occur throughout the facility, including but not limited to
the following areas:
Front Entrance • Ensure attendees maintain physical distance of two metres when in line awaiting
entrance to the courthouse
• Confirm results of entrance screening –electronic, paper-based (entrance
screening personnel will provide a paper-based copy of the questionnaire when
requested) or verbal
• Direct individuals to:
o Exchange their face covering for a ministry provided 3-layer source control face covering
o Use hand sanitizer
o Practice physical distancing in the queue and within the facility
o Adhere to the mandated safe practices identified within the facility
• Monitor capacity of the facility
• Provide accessibility support as required:
o Where a person cannot effectively use the electronic based or paper-based screening tools, verbally ask the screening questions of the individual seeking entry recording the answers on his/her behalf on the paper-based and confirm the results
Hallways • Monitor and enforce adherence to the mandated safe practices
o Physical distancing
o Wearing of source control face coverings
Courtrooms • Regularly visit courtrooms to monitor capacity
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II. ATTENDANCE TO THE COURTHOUSE
Public Communication
MAG has provided ongoing communication, with the goal of ensuring attendees are
aware of and prepared to adhere to all the processes in place at courthouses in
advance of attending.
This information has been made available through:
• The public-facing COVID-19: Reopening Courtrooms webpage
• Direct communication with justice stakeholders
Entrance Protocol – Justice Sector Partners and Members of
the Public
An entrance protocol has been established to minimize the risk of COVID-19
transmission in the courthouse. This protocol is a risk assessment recommendation
and is in alignment with guidance provided by Public Health Ontario.
Entrance Signage and Markers Queuing markers and physical distancing markers have been installed at entrances.
Signage at the entrance includes:
• Maintain physical distancing
• Mandatory wearing of ministry provided source control face coverings within the
facility
• COVID-19 information
• Active and passive screening
• Maximum occupancy
Active Screening for COVID-19 - Justice Sector Partners and Members
of the Public Screening must be completed by all individuals entering a courthouse, including
staff and members of judiciary.
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Screening Process:
The following screening methods are available:
1. In advance of leaving home or office: On the date of the anticipated
attendance at a court location a person can access the COVID-19 screening
questionnaire by following this internet URL link:
o English: https://covid-19.ontario.ca/courthouse-screening/
o French: https://covid-19.ontario.ca/depistage-tribunaux/
2. Upon arriving at the courthouse: A person will be directed via entrance
signage to use a mobile device to scan the quick response Code (QR-Code)
which will lead them to complete the COVID-19 screening questionnaire
online.
3. No Mobile Device: Upon arriving at the courthouse, a person will be directed
via entrance signage to complete a paper-based alternative version of the
screening questionnaire, located near the courthouse entrance.
If, based on the answers provided to the screening questions, a person is deemed
inadmissible, or if they refuse to complete the COVID-19 screening questionnaire
they will not be permitted to enter the courthouse and will be provided with the
following instructions/options:
• If they are an employee, they will be asked not to enter/attend the courthouse
and contact their manager.
• If they are an accused, they will be asked not to enter/attend the courthouse
and to call their lawyer or duty counsel (local duty counsel contact number
provided).
• If they are a witness, they will be asked not to enter/attend the courthouse and
to call the number listed on their subpoena, or the Crown’s office (local contact
number provided).
• Otherwise they will be asked not to enter/attend the courthouse and to contact
a local administrative telephone number for assistance.
If, based on the answers to the screening questions a person is deemed admissible
they will be allowed to enter the courthouse. Designated individuals will be
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monitoring the front door. To gain entry, all individuals must show one of the
following:
a. Approval displayed on their mobile device
b. A printed copy of their survey results
c. The paper-based alternative screening questionnaire
Where an individual may be delayed at the entrance and indicates they may miss
their scheduled appearance, the entrance screening personnel will contact the
courts administration office.
Where individuals have access to the facility through alternate, non-public
entrances at any time, including non-business hours, they are required to adhere to
all health and safety measures. This includes, answering the COVID-19 active
screening questions prior entering the courthouse and adhering to the outcome of
the screening process and ensuring that an appropriate source control face
covering is worn at all times while on site.
Collection of Contact Information Contact tracing is a function of Public Health. In the event of an outbreak, the
ministry may be asked by Public Health to provide a list of names and contact
information (phone or e-mail address) of persons in attendance at a court location
during a specific timeframe. To support Public Health with their contact tracing,
entrance personnel will ask individuals attending a courthouse to volunteer their
name and contact information upon entry. All information will be treated as private
and confidential and destroyed after 28 days – a duration equivalent to two COVID-
19 incubation periods.
Not providing contact information will have no impact on an individual’s admissibility
to the courthouse.
COVID Alert Application • Ontario is one of the eight provinces where individuals can use the COVID Alert
application to assist in information sharing by reporting a COVID-19 diagnosis.
• The app aims to advise app users of possible exposures before any symptoms
appear thereby limiting the spread of COVID-19 and preventing future outbreaks.
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• While use is entirely voluntary, all OPS mobile devices are equipped with the app
and all OPS staff have been encouraged to use the app.
Entering the Courthouse Upon entering the courthouse, the designated monitor will advise the person to:
1. Use hand sanitizer to clean their hands before entering the facility. For this
purpose, dispensers of hand sanitizer are available at entrances.
2. Wear a ministry provided source control face covering during the duration of
their visit.
3. Adhere to mandatory safe practices in place in the courthouse, including
maintaining physical distancing.
4. Only attend those areas of the courthouse necessary and leave the
courthouse as soon as their business is concluded.
Security Screening • Attendees may undergo security screening, including the screening of
belongings, in keeping with regular protocols.
• Engineering controls and PPE are in place to control risks to screening personnel
in accordance with the risk assessment.
Cleaning of the Screening Area
• Screening areas are cleaned by local cleaning services as part of the enhanced
cleaning protocol.
• Individuals working in the screening area have been provided with appropriate
supplies to support them in cleaning their work area and the equipment used for
security screening.
Entrance Protocol - Court Personnel and Judiciary
• To reduce congestion at entryways to the courthouse and courtrooms, where
possible:
o Staff and judiciary should use a separate entrance from the public, and/or
o Specific entry times should be considered to reduce overlap.
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Active Screening for COVID-19 – Court Personnel and Judiciary
• Where court personnel and/or judiciary enter the courthouse through the
main/monitored entrance, they are to present their screening result to the
designated screening personnel.
• Where court personnel and/or judiciary enter the courthouse through a separate
or private entrance, there may not be designated screening personnel present to
view their screening results however verification to a manager or designated
individual will still be required.
o Court personnel will provide their manager with proof of their screening
result.
o Managers will ensure that all personnel within their program area have
provided confirmation of their screening results each day when they attend to
work.
• Judiciary will confirm that they have completed the screening protocol through a
process determined and communicated by their Chief Justice, Regional Senior
Judge, Regional Senior Justice of the Peace, or designate.
Where a member of the judiciary or court personnel is deemed inadmissible:
• They are not to enter the courthouse.
• Court personnel:
o Immediately contact their manager.
o The manager will notify the MAG Ministry Emergency Operations Centre
(MEOC) that an individual has screened inadmissible. The MEOC will provide
advice on next steps.
• Judiciary:
o Immediately contact their Regional Senior Justice, Regional Senior Justice of
the Peace, or designate.
o A judicial representative will advise the chair of the court-based operations
emergency management team (CEMT) that an individual has screened
inadmissible. The CEMT chair will then contact the MEOC for advice.
Where court personnel have access to the facility through alternate, non-public
entrances at any time, including non-business hours, they are required to adhere to
all health and safety measures. This includes, answering the COVID-19 active
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screening questions prior entering the courthouse and adhering to the outcome of
the screening process and ensuring that an appropriate source control face
covering is worn at all times while on site.
Note: It is recommended that judiciary follow similar practices regarding access to the
courthouse through alternate, non-public entrances at any time, including non-
business hours.
Active Screening for COVID-19 – Contracted Personnel / Service
Providers
• Contracted personnel are to be advised of the requirement to complete daily
screening in advance of attending to the courthouse.
• Where contracted personnel are entering through a monitored entrance, they
will be required to show the results of their screening to gain entry.
• Where contracted personnel are entering through an unmonitored entrance, it
will be the responsibility of the requesting party (MAG manager or CBRE) to
confirm completion of daily screening.
• Where contracted personnel are deemed inadmissible, they will not be
permitted to enter the courthouse and should contact the requesting party to
advise.
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III. PUBLIC SERVICE COUNTERS
Preventative Measures
• Signage has been posted facing both the public and staff indicating:
o Physical distancing must be maintained
o Frequent and proper hand hygiene must be undertaken
o Ministry provided source control face coverings are required
• Floor decals and queuing markers have been placed to support physical
distancing and route people away from high traffic areas or office
entrances/exits where feasible.
Hours of Operation
• Public counter hours continue to be limited to manage traffic flow.
• Hours will continue to be reviewed and adjusted to ensure adequate access and
an eventual return to full service in alignment with reopening.
• Online methods of service should be promoted before in-person attendance.
Receiving Payments
• In situations involving payments at the public service counters, staff should:
o Avoid hand-to-hand exchange of money, bank or credit cards.
o Encourage card payments, ideally using fixed payment terminals.
o Hand hygiene should be practised before and after receiving payments.
Receiving Documents
• Wherever possible, alternate methods for document submission are
encouraged.
• Avoid hand-to-hand transmission. Parties remitting documents should be invited
to place them on the counter where staff will then retrieve the documents.
• Hand hygiene should be practised before and after handling documents.
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IV. IN THE COURTROOM
Access to the courtroom will require individuals to adhere to the broader safety
measures in place:
• Practise physical distancing.
• Practise frequent and proper hand hygiene.
• Wear ministry provided source control face coverings.
• Wear PPE when required by the risk assessment.
Courtroom Reconfiguration
The layout of each courtroom has been adjusted, to the degree feasible, to support
physical distancing between the members of the court, the clerk/reporter desk,
witness box, parties, jurors and the public.
Seating in the courtroom audience has been taped off to maintain physical
distancing. Individuals will be asked to return to the same seat after any breaks.
Movement of Documents and Exhibits
• Wherever possible alternate methods for document sharing and signature
should be encouraged (e.g., scanning, endorsing on behalf of parties).
• To maintain physical distancing during the transmission of exhibits or documents,
a bin or trolley may be used. Parties remitting items will be invited to place them
in the bin or trolley and return to their seat. Court staff will then retrieve the
documents or exhibits.
• Hand hygiene should be practised before and after handling documents or
exhibits.
Movement of In-Custody Accused
• MAG has worked closely with the Ministry of the Solicitor General (SolGen) to
ensure that consistent preventative measures are in place for the entirety of the
process of in-custody accused appearances.
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• If an in-custody accused is in medical isolation on the day of their scheduled
appearance, they will not attend in-person and an alternate appearance type will
be arranged.
• Appendix A provides the preventative measures that will be in place to mitigate
risk and screen individuals throughout the prisoner transportation process.
Public and Media Access to Court Proceedings
• Due to courthouse and courtroom capacity, access to proceedings may be
limited.
• Where feasible, remote viewing/listening options for court proceedings may be
introduced to allow more members of the public and media to follow court
proceedings.
• If interest is known in advance, measures to support members of the public and
media viewing court proceedings will be arranged when possible.
Courtroom Cleaning
• Daily enhanced cleaning of the courtroom is being provided up to three times a
day as applicable and determined by court scheduling. Where feasible and at
judicial direction, the court schedule may be adjusted to allow time for cleaning
to occur.
• Courtroom cleaning responsibilities are as follows:
Courtroom Area Responsible for Cleaning Frequency
Dais Local cleaning services Before opening court
At recess
At closing of court
Court staff area Court staff Before opening court
At recess
At closing of court
Crown/Counsel tables,
Podium/Lectern –
including microphone,
etc.
Local cleaning services Before using table
After concluding at table
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Courtroom Area Responsible for Cleaning Frequency
(note: with judicial
approval, counsel may
elect to speak from their
table rather than at the
podium/lectern)
Witness box
(incl. peripherals – chair,
microphone, etc.)
Local cleaning services Between witnesses
Prisoner box Local cleaning services Between prisoners
Jury areas
(note: only when a jury is
present)
Local cleaning services Before opening court
At recess
At closing of court
Note: the provision and cleaning of accessibility peripherals (e.g., assistive listening
devices) is coordinated through the Accessibility Coordinator in keeping with
general protocols.
Jury Events
The ministry worked closely with the Superior Court of Justice and justice sector
stakeholders to support the recovery of jury events across the province beginning in
September 2020.
Jury Management Manual To support the implementation of preventative measures in jury proceedings, the
ministry developed the Jury Management Manual which was shared broadly on
September 11, 2020 with the judiciary and justice sector participants and
stakeholders.
The manual was reviewed and endorsed by leading provincial health authorities in
the Chief Medical Officer of Health’s office, and the Ministry of Health and their
guidance continues to inform the preventative measures that have been
implemented for both on and off-site jury locations.
Temporary Off-site Venues to Support Jury Proceedings
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In some courthouses there is not adequate space to maintain physical distancing for
all jury-related events (i.e. registration, assembly, selection, trial, and deliberation). In
these instances, temporary off-site space will be leased by the ministry to ensure
that physical distancing can be maintained. In the event physical distancing cannot
be maintained, other preventative measures such as plexiglass barriers or PPE will
be in place.
• Risk assessments will be conducted by PSHSA at all temporary off-site jury
locations.
• All temporary jury locations will be outfitted with recommended preventative
measures including, but not limited to: hand sanitizer, plexiglass, physical
distancing markers, and the provision of PPE, where required.
• All entrants to jury events in off-site venues will be required to wear ministry
provided source control face coverings, complete an entrance screening check,
and provide contact information.
Note: This requirement applies in instances of off-site space being used to ensure
continuity of operations in response to courthouses that have been closed for any
reason.
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V. ADMINISTRATIVE AREAS
MAG continues to follow the direction provided by TBS regarding preventative
measures for all OPS office spaces as part of the corporate Gradual Reopening of
Workplaces guidance.
Managers are responsible for working with JHSCs to ensure appropriate
preventative measures continue to be in place in administrative areas.
These will include:
• Continuing remote work to the degree operationally feasible
• Monitoring adherence to the PPE policy, including requiring staff to wear
ministry-provided source control face coverings as outlined in the Source
Control Face Coverings section above
• Reducing seating capacity
• Reducing office/workspace capacity to support physical distancing
• Implementing clean workplace guidelines
• Posting of signage to promote physical distancing and hand hygiene
• Supplying disinfectant and hand sanitizer
• Cleaning shared use items (e.g., staplers, pens, whiteboard markers, etc.) before
and after use
• Only holding in-person meetings when necessary. Conference calls and virtual
meetings should be utilized to the degree practicable. Where meetings are
required, maintain physical distancing, wear source control face coverings or
PPE, and limit the meeting duration to the degree possible.
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VI. COMMUNICATION OF PROBABLE OR
CONFIRMED COVID-19 CASES
Where an Individual becomes Symptomatic at the
Courthouse
Justice Sector Partners and Members of the Public If a justice sector partner or member of the public becomes unwell with COVID-19
symptoms while at the courthouse, they will be asked to:
• Leave the facility immediately
• Use the Ontario Self-Assessment Tool, and/or contact Telehealth, or their health
care provider, or their local public health unit to seek guidance and testing if
recommended
Court Personnel or Judiciary If court personnel or a member of the judiciary becomes unwell with COVID-19
symptoms while at the courthouse, they will be asked to:
• Ensure that they are wearing a surgical/procedural mask
• Leave the workplace as soon as possible
• Self-isolate if unable to leave immediately (a room will be identified to support
self-isolation)
• Use the Ontario Self-Assessment Tool, and/or contact Telehealth, or their health
care provider, or their local public health unit to seek guidance and testing if
recommended
• Notify their manager or appropriate contact immediately
Probable/Confirmed Positive COVID-19 Case Intake Process
• When information is received by the ministry that a person has tested positive for
COVID-19 or has been deemed a probable case, an immediate assessment will
take place to avoid any further potential spread.
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• Avoiding further spread of COVID-19 is best achieved by providing potentially
impacted persons with timely notification of the situation, ensuring that the best
available/accurate information is conveyed along with pertinent medical advice
and guidance from public health, where available.
• The key highlights of the ministry’s ‘Probable/Confirmed Positive COVID-19 Case
Intake Process’ include:
o Undertaking a Preliminary Workplace Exposure Risk Assessment upon the
ministry receiving the initial report of the probable/confirmed positive case.
o Identifying persons who have potentially experienced a high-risk exposure to
a probable/confirmed positive case and providing them instructions to self-
isolate.
o Communication of probable or confirmed COVID-19 case
o If requested, convening a CEMT to discuss the circumstances in an informed
and fulsome manner.
Preliminary Workplace Exposure Risk Assessment
• Where an individual has tested positive for COVID-19, their manager will request
that they complete a preliminary workplace exposure risk assessment to assist in
the early identification of individuals who may meet the Ministry of Health
definition of a Close Contact (an individual with a high-risk exposure to a
confirmed case). • Individuals identified through this process will be:
O Asked to immediately self-isolate and use the Ontario Self-Assessment Tool,
and/or contact Telehealth, or their health care provider, or their local public
health unit to seek guidance and testing if recommended. O Identified to the local Public Health Unit to assist in contact tracing.
Communication of Probable or Confirmed COVID-19 Case • MAG will continue to ensure transparency by communicating confirmed cases
through an all-staff memo issued by local management that aligns with Public
Health recommendations and health and safety regulations. Privacy rights of the
person must be respected and therefore no direct or circumstantial identifying
information will be included.
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• MAG also recognizes that members of external stakeholder groups/associations
attend courthouses and buildings operated by the ministry and that
communication of probable or confirmed COVID-19 cases with these groups is
vital in assisting members in making informed health and safety decisions.
Therefore, approved memos will also be shared with these external
stakeholders/associations.
• Public Health will conduct any required contact tracing and will communicate
directly with any individual identified through their process.
• In recognition of the impact on employees and their families of potentially being
exposed to COVID-19 in the workplace, where managers are advised of a
probable/confirmed positive case prior to 4:00 PM on a regular business day,
but where the manager is unable to provide the detailed all-staff memo before
5:00 PM that same day, the ministry will provide staff, building occupants and
external stakeholders/associations at that court location with a provisional
notification of the situation. The provisional notification will inform individuals
that:
o The ministry has received preliminary health information that may suggest
a positive case at that workplace
o Further information will be provided in the finalized memo as soon as
reasonably possible and within six regular business hours of the manager
becoming aware of the probable/confirmed positive case.
• Following the distribution of a provisional notification or positive case
memorandum proper, where the ministry becomes aware of additional,
significant information that would further assist staff, building occupants and
external stakeholders/associations in assessing the situation, a supplementary
memo will be distributed.
Holding Court-based Emergency Management Team/Building
Emergency Management Team Meeting • A CEMT/BEMT meeting is discretionary for probable/confirmed positive cases
of COVID-19.
• If any member of the CEMT/BEMT requests a meeting, the Manager/Supervisor
will convene a CEMT/BEMT soon thereafter but not prior to the dissemination of
the memorandum providing all information gathered during the
Probable/Confirmed Positive COVID-19 Intake Process.
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• The purpose of the CEMT/BEMT is to further discuss the situation and answer
questions based on the response to the reported probable/confirmed positive
case including recommendations detailed in the memorandum.
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APPENDIX A – MOVEMENT OF IN-CUSTODY
ACCUSED
These materials provide an overview of the current processes and best practices
recommended around the transportation and movement of those accused persons
charged with criminal offences who are currently held in correctional facilities and
who are required to appear in court, in person, effective from July 6, 2020.
As the restoration of operations continues in the province’s courthouses for all levels
of court these materials will continue to be reviewed and revised as required.
Correctional Services – Ministry of the Solicitor General
The materials that relate to Correctional services are prepared by the Assistant
Deputy Minister’s Office in the Institutional Services in consultation with all relevant
program areas including (but not limited to) those that oversee inmate and
employee healthcare, supply chain management, cleaning services, and daily
operations.
Unless otherwise noted, the healthcare policies and procedures and the actions
taken to stop transmission of the COVID-19 virus have been implemented at all
provincial adult correctional institutions.
Compliance with policy is monitored locally by senior managers and daily meetings
are held with superintendents to discuss implementation status and identify any
challenges and develop solutions.
Stocks of critical supplies including PPE and cleaning products at all institutions are
monitored daily. Any shortages are reported and addressed immediately.
Inmates have access to both formal and informal complaint procedures to both
internal and external oversight bodies for the fair and timely resolution of
complaints, concerns and disputes. The formal complaint processes require a timely
response and, in some cases, include appeals processes.
All processes relating to screening, PPE or health care were created in consultation
with the Ministry of Health and Public Health Ontario.
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Actions taken within Correctional facilities to stop transmission of
COVID-19 virus
Screening:
• Every individual entering the institution is subject to an active screening process
that was developed based on Ministry of Health Screening Guidelines.
• All staff attending the institution are required to sign an affirmation in respect of
satisfying a COVID-19 health checklist
• All professional visitors who attend the institution are required to perform a self-
assessment
• Personal visitation for inmates has been suspended until further notice. Various
additional support measures are being put in place for inmates.
• The ministry has signed a Memorandum of Understanding with the Nishnawbe-
Aski Legal Services Corporation (NALSC) and the Nishnawbe Aski Nation (NAN)
to support discharge planning and the safe return home of individuals to NAN
territories during the COVID-19 pandemic.
• As of May 24, 2020, the ministry began offering voluntary COVID-19 testing to all
inmates and all staff members. Testing will be offered at all institutions in a
phased approach
Healthcare policies and procedures Communicable disease outbreak process:
• If a reportable communicable disease occurs or is suspected, institution officials
notify the local Medical Officer of Health, and Ministry provincial health
professionals.
• The Medical Officer of Health determines whether to declare an outbreak and
provides direction for containment.
• Institution health care staff working collaboratively and under the direction of the
local Medical Officer of Health take immediate preventative containment
measures in accordance with operating procedures, including containment
strategies which may include medical isolation and decontamination of affected
areas.
• When an inmate tests positive they are immediately placed in medical isolation
under droplet and contact precautions (or kept in medical isolation if they had
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been already be placed there pre-testing). The local Public Health Unit leads
contact tracing in collaboration with the Ministry of the Solicitor General’s
Corporate Healthcare and Wellness Branch and the institution’s healthcare team.
While each case is managed individually, once resolved the individual could be
integrated back into the general inmate population.
• Placement in medical isolation is temporary and non-punitive. Inmates placed in
medical isolation are managed in accordance with ministry policy and still
receive access to court and counsel, fresh air (“yard”), showers, use of telephone,
and access to personal belongings as well as canteen.
• Contact tracing is the process used by Public Health Units to identify, educate,
and monitor individuals who have had close contact with someone who is
infected with the virus. The ministry works with Public Health units to support
contact tracing for both staff and inmates.
Medical Care:
• Standard health care services available from the Ministry include:
o Primary Care Physicians and Nurse Practitioners – each institution has one or
more physicians and/or nurse practitioners who provide primary medical
care to patients. There is a primary care practitioner on call during all hours of
health care operations.
o Upon admission to a provincial jail or detention centre, all inmates receive an
admission health assessment
Process for In-Person Court Appearances
Guiding Principles
• Inmates in intake or isolation units will only attend court by video.
• Inmates are unfit for in-person court if they:
o Have tested positive for COVID-19 and have not been cleared by Corporate
Health Care;
o Are awaiting a COVID-19 test result;
o Have been determined to be medically unfit by health care;
o Report illness prior to leaving and health care is not able to assess prior to
leaving the institution;
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o Are currently housed in medical isolation or in an intake unit.
• Inmates who report illness will be assessed by health care and made unfit for
court, if appropriate.
• Health Care will receive a court list minimally 24 hours in advance, where
possible, and provide one-on-one health teaching on how and when to use a
mask, the importance of physical distancing and not touching your face, proper
hand hygiene and cough etiquette, and the importance of reporting illness.
• Inmates will be provided with the required PPE (level 1 surgical mask) for use
while out of institution.
• Upon return to the institution, inmates will be monitored through a point of care
assessment to determine level of exposure risk while outside the institution.
• Ministry of the Attorney General and police services guidelines will be expected
to be followed while in the custody of police services and at the courthouse.
• While in transit or in court, inmates should be:
o Wearing a level 1 surgical/procedure face mask at all times if unable to be 2
metres apart from others with no physical barrier, and
o Have access to hand hygiene (either sink, soap and water or hand sanitizer)
throughout the process.
• A replacement mask should be provided for inmates should the mask become
contaminated, soiled or wet.
• Institutions should maintain regular contact with local police services to ensure
that guiding principles are followed.
• Inmates must be screened by Correctional Staff per Inmate Screening for
Symptoms of ILI upon return from court.
• Inmates returning from court will also have additional questions asked by
correctional staff using the Return from Court Risk Assessment to assess
exposure risks and health care will be contacted, where indicated.
• The information gathered from the ILI screening and Court Risk Assessment may
generate a change in housing requirements (e.g. intake unit or isolated) and the
individual may need to be monitored for 14 days from their Court appearance.
• Logs must be kept for those who make court appearances and ideally all
persons cohorted for transport or at court along with contact information, in case
exposure is identified and contact follow up becomes necessary.
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Prior to leaving the institution
1. Health Care staff will review the court list 24 hours in advance and provide one to
one health teaching on how and when to use a mask, the importance of physical
distancing and not touching your face, proper hand hygiene and cough etiquette,
and the importance of reporting illness.
2. Inmates will be provided with the required PPE (level 1 surgical/procedure face
mask) for use while out of institution.
3. The institution must provide notification as per policy to the Ministry of the
Attorney General if the inmate will not be appearing at court.
4. Correctional staff will give each inmate leaving the institution one (1) level 1
surgical/procedure mask which is to be worn at all times if unable to be 2
metres apart from others with no physical barrier.
At the courthouse
1. Inmates will follow all police services guidelines while in their custody.
2. Inmates will follow all Ministry of the Attorney General guidelines while at the
courthouse. This includes, but is not limited to:
o Wearing a mask as required;
o Keeping physical distance; and
o Sanitizing/washing hands as appropriate.
Returning to the institution
1. Each inmate must be screened by correctional staff each time they return to the
institution using the Inmate Screening for Symptoms of ILI and the Return from
Court Risk Assessment.
2. If the inmate does not pass the screening, correctional staff are to follow the
Correctional Officer Influenza-Like Symptom Screening Algorithm for Inmates.
3. Inmates who pass screening and are determined to not be an exposure risk may
be returned to the unit where they had been housed in prior to leaving. They are
not to proceed to the intake unit.
Youth Justice - Ministry of Children, Community and Social
Services
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The materials that relate to Youth Justice services are prepared by the Assistant
Deputy Minister’s Office in the Youth Justice Division in consultation with all relevant
program areas including (but not limited to) those that oversee young person and
employee healthcare, supply chain management, cleaning services and daily
operations.
Unless otherwise noted, the healthcare policies and procedures and the actions
taken to stop transmission of the COVID-19 virus have been implemented at all
provincial youth justice custody/detention facilities.
Compliance with policy is monitored locally by senior managers and licensing
compliance (via announced and unannounced inspections).
PPE utilization is monitored, and approved inventory levels are maintained through
weekly reporting and replenishment processes.
Young persons, and their legal guardians, have access to both formal and informal
complaint procedures to both internal and external oversight bodies for the fair and
timely resolution of complaints, concerns and disputes. The formal complaint
processes require a timely response and, in some cases, include appeals processes.
The Ministry of Children, Community and Social Services (MCCSS) is responsible for
administering the Youth Criminal Justice Act in Ontario for young persons who are
aged 12-17 years at the time of their offence. The Youth Justice Division, in
collaboration with community and inter-ministerial partners, establishes and
maintains a broad range of community based and custodial programs and services
to address the needs of youth in, or at risk of, conflict with the law.
The Ministry has two types of custody/detention programs for youth, either secure
youth centres operated directly by the ministry or open and secure youth centres
contracted and operated by a community agency (Transfer Payment Recipients).
**Given current counts in youth justice custody/detention facilities, physical
distancing is possible, easily achieved and the preferred prevention method.
All youth justice custody/detention facilities have implemented source control
practices, requiring that:
• All staff wear a surgical/procedure mask and eye protection at all times
except when:
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o Eating and drinking (and maintaining physical distance of at least 2
metres from others).
o Outside and capable of physical distancing.
o Alone in an office.
Actions Taken within Ministry-operated Youth Justice
custody/detention facilities to stop transmission of COVID-19
Preventative Actions
• Suspended all non-essential in-person visitors and cancelled volunteer activities,
except spiritual leaders until further notice.
• Other visits, if considered essential to maintain the health, wellness and safety of
a youth residing in a youth justice open or secure facility, are permissible on a
case by case basis.
• Professional visits including legal counsel continue, however consideration is
given to alternative options such as the use of video conference.
• Approved personal visitors able to continue to maintain contact with youth by
phone. Enhanced technology, such as video calling, where operationally
available and operationally feasible, is being used to allow virtual visits with
family.
• All non-essential reintegration leaves have been restricted until further notice.
• Staff and youth communication materials to support COVID-19 protection
measures are in place (i.e. signage, education sessions, physical distancing best
practices).
• Modified routines and procedures to promote physical distancing (i.e. limited
types of recreational activities, use of visual cues, changed seating in common
areas, changed meal routines and discouraging social interactions between staff)
have been implemented.
Screening:
• Anyone entering a ministry-operated youth justice facility including staff, youth,
contractors and cleaners, shall undergo an enhanced screening procedure of
having their temperature checked daily.
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• Upon entering a youth justice facility, each employee is provided with a surgical/procedure face mask to be used during the course of their shift.
• Eye protection (glasses, goggles or a face shield) must be worn anytime staff are within 2 metres of another person
• Staff are provided with full PPE when a youth is being admitted to a youth
justice facility until a medical screening is completed or if a youth is
experiencing COVID-19 related symptoms. Youth are monitored regularly
for symptoms of COVID-19 by facility healthcare providers.
• All visitors/contractors are provided with a surgical mask and face shield when
entering the facility
o For clarity, the use of these masks does not replace the use of PPE where
additional precautions are required, e.g. youth admission screening or if a
youth is experiencing COVID-19 symptoms.
• While on an intake unit, youth are required to wear a level 1 surgical/procedural
mask at all times except when they are alone in their room.
• Once moved to a living unit, youth are given the option of wearing a level 1
surgical/procedural mask and are encouraged to maintain physical distancing
practices. Any time a youth leaves their living unit, they are required to wear
level 1 surgical/procedural masks.
Healthcare policies and procedures
Communicable disease outbreak process:
• The Youth Justice Services Manual is a ministry policy that contains direction for
facilities on a variety of issues and circumstances, including direction on
communicable diseases.
• Each ministry-operated secure custody/detention facility has a comprehensive
Infection Prevention, Management and Control Program, which includes:
1. Surveillance: health care staff are responsible for the ongoing surveillance,
reporting and evaluation of infection-related data to identify suspect or definite
increases in the number of cases of infection above the norm.
2. Policies and Procedures: infection prevention, management and control policies
and procedures.
3. Committee: a multidisciplinary Infection Prevention and Control Committee
(IPCC).
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• Outbreak Management: the local Medical Officer of Health (MOH) is responsible
for declaring an outbreak and making decisions regarding the level of
environmental controls and outbreak procedures (modified or full) to be used.
• All staff members are expected to proactively participate in the facility’s infection
prevention, management and control program to reduce infection risks for
young persons, staff and the public.
• In accordance with Ontario Regulation 135/18 and the Health Protection and
Promotion Act, the local MOH must be advised as soon as possible if it is
believed that a young person in the secure facility has a reportable infection (i.e.
COVID-19).
• All ministry-operated secure custody/detention facilities have capacity to
separate medically vulnerable youth in a close observation area.
• All ministry-operated facilities are guided by the ministry’s COVID-19 Pandemic
Plan which provides provisions for mitigating risks associated with the spread of
COVID-19 including plans for:
o Self-isolation
o Infection Prevention and Control
o Office cleaning
o Screening
o Human Resources and Labour Relations
Process for In-Person Court Appearances
Health Teaching Protocol for Youth Attending In-person Court:
• The HealthCare Manager/Senior Nurse will receive a court list minimally 24
hours in advance, where possible, and nursing staff will provide health teaching
to youth prior to attending in-person court
• If a youth is on droplet and contact precautions or is exhibiting signs or
symptoms of COVID-19, the facility is to advise the Court as early as possible,
that the youth will be unable to attend in person and alternate arrangements are
to be explored.
• Nurses will document completion of health teaching in the HealthCare Record,
Part 4.
Prior to in-person court the nurse will review the importance of:
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• How and when to perform hand hygiene and proper hand hygiene, including
using soap and water for at least 20 seconds or hand sanitizer
• How and when to use a surgical/procedure face mask
o Wear a level 1 surgical/procedure face mask at all times during
transportation or as directed by local courts and if unable to be 2 metres
apart from others with no physical barrier
o Before putting on a mask, wash your hands with soap and water or hand
sanitizer
o Secure the elastic loops of the mask around your ears. If your mask has
strings, tie them securely behind your head
o Cover your mouth and nose with the mask and make sure there are no gaps
between your face and the mask
o Do not touch the front of the mask while you wear it. Wash your hands with
soap and water for at least 20 seconds or use hand sanitizer if you
accidentally touch your mask
o If the mask must be removed, remove the elastic loops of the mask from
around your ears or untie the strings from behind your head
o Hold only the loops or strings and place the mask in a garbage bin
o Wash your hands with soap and water for at least 20 seconds or use hand
sanitizer
o If the mask becomes contaminated, soiled or wet, request a new mask
• Physical distancing, which means staying at least 2 metres or 6 feet away from
other people whenever possible
• Coughing and sneezing into one’s sleeve or elbow and not your hands
• Avoiding touching your eyes, nose or mouth, especially with unwashed hands
• Reporting illness to staff in the facility, during transport and in the courthouse
• All youth returning from in person Court are to be screened as if they were a new
intake upon arrival back to the facility.
Actions Taken within Transfer Payment Recipient (TPR) Youth Justice
custody/detention facilities to stop transmission of COVID-19
Preventative Actions
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• TPRs have and will continue to implement their own practices to address COVID-
19. The ministry continues to work very closely with all facilities to support,
monitor and retrieve updates of the steps TPRs have taken. Some of these steps
to date include:
Implementation of source control practices.
o Enhanced screening procedures for youth upon intake, and of staff and
professional visitors upon start of all shifts (e.g. conducting regular
temperature checks).
o Suspension of non-essential in-person visits supplemented with increased
phone contact and/or video visitation where operationally available and
operationally feasible.
o Suspension of all non-essential professional visits and community
appointments until further notice.
o Other visits, if considered essential to maintain the health, wellness and safety
of a youth residing in a youth justice open or secure facility, are permissible
on a case by case basis and in consultation with the Ministry.
o In open custody, suspension of all outings to adhere to recommendations
made by Public Health officials. Strict limitations have been placed on
essential re-integration leaves.
o Enhanced cleaning of facilities and sanitization of touch areas and protocols
for proper handwashing practices for all staff and youth.
o Altered staffing schedules in order to minimize the number of staff entering
the facility, where operationally feasible.
o Implementation of physical distancing measures between youth.
o For open custody/detention, recreational activities have shifted to keep staff
and youth on site and appropriate physical distancing is modeled by staff at
all times.
o Facilitating online education programming for youth in partnership with
school boards (where applicable).
o Identifying closed units that may be opened a accommodate youth requiring
isolation.
Screening:
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• To assist in actively screening visitors, the Ministry, in partnership with the
Ministry of Health, provided a screening tool to be used as a guide, along with a
sign to aid in access control. Those who fail screening should not be permitted in
the facility. If a new youth is being admitted and does not pass the screening,
consideration should be given to deploying enhanced precautions. All staff
should use Droplet and Contact Precautions, set out by Public Health Ontario
and guidance issued by the Ministry of Health for Group Homes and Co-Living
Settings that has been communicated by the ministry to all TPRs, if they come
within 2 metres of a suspected or confirmed case, this means enhanced PPE
must be worn (surgical/procedure face mask, eye protection, gown,
gloves). The local public health unit needs to be contacted and their direction
should be followed.
• All youth justice custody/detention facilities have implemented source control
practices for staff and youth.
There are stringent guidelines for staff regarding the use of medical masks and
eye protection at all time.
Youth are provided with the voluntary option of wearing masks and are
encouraged to wear them when physical distancing practices are not possible.
• Placement options to protect a vulnerable youth vary and are dependent on
facility design. Options may include isolation in a separate unit within a facility
with dedicated staff and programming. For youth in open custody facilities,
reintegration leaves may be considered where appropriate arrangements can be
made outside of the facility, if supported by the youth’s probation officer.
Healthcare policies and procedures
Communicable disease outbreak process:
• The Ministry recommended that TPRs consider the following in their response to
COVID-19:
o Review and update their existing Business Continuity Plans in order to
safeguard and maintain critical business services and to protect the health
and safety of staff, clients and the general public.
o Continue to follow the lead of local public health units and continue to
engage with ministry representatives with respect to their unique needs.
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o Consult with their local public health unit if staff or youth experience
symptoms of COVID-19.
o Review the Ministry of Health website, which includes resources on
protecting the public and frontline workers.
o Suspended non-essential in-person visitors until further notice.
• In addition to applicable legislative requirements, the ministry requires all TPRs
that operate youth justice custody/detention facilities to comply with mandatory
minimum requirements set out in the Youth Justice Service Manual. TPRs own
policies expand and clarify the course of action required to comply with ministry
standards and will set out the procedures such as specific steps, routine
operations or processes required to support the policy. These local policy and
procedure manuals support the specific agency requirements. Every member of
the staff is responsible for adhering to the standards described in the local
manual and the Youth Justice Services Manual.
• Each TPR is required to have contingency plans in place that minimally outline:
o Roles and responsibilities of staff in the event of an emergency
o Procedures to be followed in the event of health and safety work refusals
o Procedures for consultation with local police and emergency planning
authorities
o The requirement for biohazard kits
o Communicable disease prevention/management
Police Services
Police Transportation of In Custody Accused persons to and from
Courthouses The following advice and guidelines have been distributed to all police services who
have the responsibility for prisoner transportation. This information continues to be
reviewed and will be further updated.
Transportation of Persons in Custody With the re-opening of the courts, policing personnel will be required to resume
transportation of accused persons to court from correctional facilities. Correctional
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facilities have taken preventative measures to limit the spread of COVID-19 in their
facilities.
The Ministry of the Solicitor General (ministry) will be relying on policing personnel
to ensure that risk of transmission of the virus is minimized during the transportation
process and appearance in court (e.g., ensuring physical distancing is implemented
in court holding cells between persons in custody).
It is critically important for police services boards and chiefs of police who have the
responsibility for the transportation of persons in custody to implement all the
following advice:
• Conduct active screening for policing personnel and any individual taken into
custody and to follow any appropriate measures for those that screen positive
for COVID-19.
o Active screening involves an individual being required to answer questions
pertaining to COVID-19 (please refer to All Chiefs Memo 20-0016).
o If a person screens positive on site, they should be instructed to wear a
surgical/procedure face mask (if physically tolerated).
▪ Those persons should also be advised to perform hand hygiene and
ensure that used masks are not left in common areas or transportation
vehicles.
▪ The individual should be secluded immediately and placed in a room
or transportation vehicle with the door closed, where possible and
appropriate, to avoid contact with other persons in custody in common
areas of the court.
• Keep daily records of policing personnel, transported individuals, and others who
may be involved in the transport process will be kept in order to facilitate contact
tracing in the event of a confirmed COVID-19 case or outbreak.
• When conducting a point of interaction risk assessment, policing personnel
should consider that transmission of COVID-19 can occur through direct or
indirect contact and through droplets.
• Take extra preventative measures during the transportation of persons in
custody to, and from, police facilities, correctional institutions and courts,
including:
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o Encourage respiratory etiquette (i.e., covering mouth and nose with a tissue
and immediately discarding the tissue into a receptacle, cough or sneeze into
the crook of elbow or use tissues that are immediately discarded in the
appropriate receptable followed by performing hand hygiene);
o Maintain a minimum of two (2) metres (6 feet) of distancing between people
throughout their journey;
o When maintaining a two-metre distance on transport vehicles is not practical
or possible, putting in place proper personal protective equipment (PPE)
should be emphasized for persons in custody (i.e., surgical/procedure face
masks, gloves, eye protection such as goggles or face shield, physical
barriers between those using the transport vehicle);
o Use physical markers (such as seat and floor decals) between seats in
transport vehicles, where possible; and
o Avoid physical contact, where possible.
• Enhanced cleaning measures for transportation vehicles and commonly touched
surfaces on vehicles (e.g., the steering wheel, the seatbelt, the seats, interior
rear-review mirror and interior and exterior door handles) before and after every
transport and ensuring the use of a cleaning agent approved for use in Canada
by Health Canada (i.e., cleaning and disinfectant products that have a Drug
Identification Number (DIN)), which are designed to kill bacteria, fungi and viruses
on hard surfaces within 10 minutes of application or fewer.
o To the extent possible, maintain the availability of hand sanitizer or
disinfectant wipes upon entrance and exit to the vehicle.
o Develop a hygiene, cleaning and disinfection protocol for transport vehicles
and maintain frequent cleaning routine for all high-touch surfaces such as
door handles, handrails, and countertops should be cleaned frequently.
• Endeavour to minimize the number of individuals in custody who are travelling
together in any transport vehicle considering, to the extent practical, best public
health practices, which include:
o Physical distancing of two metres or more;
o Avoid mixing individuals transported from correctional facilities with other
individuals taken into custody at the court. If mixing of individuals cannot be
prevented, preventative measures, such as the use of PPEs, should be taken;
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o Avoid contact with people who are sick or those have been tested and are
awaiting test results; and
o Wash hands often with soap and water or hand sanitizer and ensure that in-
custody person(s) have also used hand sanitizer before they enter the
transport vehicle and again before entry and upon exiting the courtroom.
Police services boards and chiefs of police should prepare for any increased requests and allocate the appropriate resources needed to facilitate the administration of justice in a timely manner, including staffing court facilities with additional policing personnel. Policing personnel are also reminded to continue to take the necessary extra precautions to protect themselves from COVID-19 exposure during the transportation of persons in custody to, and from, police facilities, correctional institutions and courts. In addition, policing personnel should be performing frequent hand hygiene
between each transportation of person(s) in custody and use PPE (e.g.,
surgical/procedure face masks, gloves and eye protection) as they interact with
persons in custody and members of the public attending court facilities.
Ministry of the Attorney General
COVID-19 Courthouse Risk Assessment and Preventative Measures • MAG has undertaken a risk assessment process led by the Public Services
Health and Safety Association (PSHSA).
• Risk assessments involved the review of public areas of the courthouse,
including courtrooms and cell blocks, and provided recommendations for
appropriate preventative measures to mitigate the risk of COVID-19 transmission.
• In preparation for resuming attendance of in-custody accused to the courthouse
MAG has introduced preventative measures including:
o Active and passive screening of all attendees to the courthouse, including
staff, and judiciary.
o Mandated wearing of source control face coverings for court personnel,
justice sector partners and members of the public while in the courthouse
(with some exceptions).
o Use of hand sanitizer at entry.
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o Physical distancing throughout the facility.
o Enhanced cleaning of the facility three times each day and in between
witnesses and accused in the courtroom.
o Enhanced cleaning of holding cells multiple times each day and between
prisoners.
o Engineering controls – plexiglass barriers.
o Administrative controls – floor markers, queuing markers, fixed hand sanitizer
at key points throughout the facility, best practices for document
transmission.
o Personal protection equipment (PPE) in the form of surgical/procedure face
masks and eye protection where deemed necessary based on the risk
assessment.
• When the prisoner attends the courthouse, they will be held in the cellblock.
Preventative measures undertaken by MAG in the cell block will include
enhanced cleaning multiple time per day. A day porter service where the
holding cell will be cleaned every time there is a different prisoner occupying
any given holding cell.
• When the prisoner moves to the courtroom, they will be held in the prisoner box.
• A source control face covering will be provided to the prisoner when in the
courtroom unless otherwise directed by judiciary or police services (may pose a
risk to the prisoner).
• Physical distancing markers are in place in the courtroom to assist in maintaining
two metres (six feet) around the prisoner.
• Plexiglass is in place in the courtroom where physical distancing may not be
possible.
• Source control face coverings will be worn by staff in public and administrative
areas as outlined under the ‘Source Control Face Covering’ section of the
guidebook. Where an employee is unable to wear a source control face
covering, physical distancing is not possible, and an engineering control is not in
place, staff will wear PPE.